Volkswagen Car-Net Security & Service Terms of Service
Effective February 2018
Congratulations on purchasing or leasing a Volkswagen vehicle (your "Vehicle"). Your Vehicle contains hardware and software ("Equipment") that enables you to receive VW Car-Net personal assistance and safety services (the "Service"). You can choose between features, prices, and time commitments ("Service Plans") for the Service, and a period of free Service is included for an introductory period with your Vehicle. Information about the Service and each of the Service Plans is available at www.vw.com/carnet (the "VW Car-Net Website").
The Service is provided to you, the Vehicle owner or lessee ("you" or "your") by Verizon Connect Inc. ("VCI") on behalf of Volkswagen of America, Inc., an operating division of Volkswagen Group of America, Inc. ("VWoA"), through VCI's operations center and other facilities operated by parties with whom VCI has contracted. VWoA and VCI are both referred to as "we" "us" or "our" in these Terms of Service.
These Terms of Service set forth the agreement between you and VCI with respect to the Service. You will not be able to use the Service unless you review and agree to these Terms of Service. You can obtain more information about the Service, including the current Terms of Service, by visiting the VW Car-Net Security & Service Website at https://carnet.vw.com/doc/terms.html, or by calling VW Car-Net Security & Service at 1-877-820-2290.
1. Starting Your VW Car-Net Security & Service Package
In order to use the Service, you must agree to these Terms of Service. Before we provide you with the Service, we may require that we have a current, valid, and accepted method of payment, such as a credit or debit card (“Method of Payment”) on file for you. The terms of your specific Service Plan, including the pricing if you continue the Service after the introductory period and other terms that are part of your Service Plan, are part of these Terms of Service.
You accept, and will be bound by, these Terms of Service if either: (i) your Vehicle purchase or lease agreement contains a provision that says you agree to these Terms of Service; (ii) you sign a contract that includes these Terms of Service; (iii) you purchase or lease a Vehicle that includes the Service in the purchase or lease price and you register for the Service; (iv) you speak with a VW Car-Net Security & Service customer service representative and register for the Service; (v) you authorize your Vehicle dealer to register for the Service on your behalf; or (vi) you or someone you authorize to use your Vehicle and the Service uses the Service or accepts any of its benefits. When you accept, you are representing that you are at least 18 years old and legally able to accept an agreement. Once you accept these Terms of Service, you are responsible for your own compliance with these Terms of Service and for compliance by occupants of your Vehicle and anyone who uses your Service account, whether or not authorized by you.
Until you explicitly request that the Services be fully activated; that is, provide a valid Method of Payment, if required, and otherwise complete the subscription process, or request that the Services be disabled, some emergency services may be active for a limited period following delivery of the Vehicle to you. Additionally, certain other services (i.e.,: vehicle tracking) may be enabled for the benefit of VWoA and VCI until you explicitly request that the Services be disabled. Unless the Equipment is completely disabled in the vehicle, it may be possible for VWoA and VCI to determine the car’s location if required to do so by law, court order, subpoena, or other legal requirements.
2. Discontinuing Your VW Car-Net Security & Service Package During the Introductory Period
You may terminate the Service during the introductory period, if any, included with the purchase or lease of your Vehicle, by contacting a VW Car-Net Security & Service customer service representative at 1-877-820-2290.
3. Changes to Terms of Service
We can change these Terms of Service; change, add, or delete features and Service Plans; and change the prices we charge for each Service Plan, at any time. Any change in prices for your Service Plan will not take effect until the current term of your existing Service Plan has expired. If a change materially affects your Service, or your rights under this agreement, we will notify you of such change by mail, email or posting of amended terms. You can cancel this Agreement if you do not agree to the change, but if you do not notify us within 30 days after we give you notice of the change, then the change will become part of this agreement. By continuing to use the Service after we have notified you of changes to these Terms of Service, you agree that you are accepting these changes for yourself and any additional users of your Service.
4. Registering with Us
If you wish to get the full benefit of your Service Plan, it is important that you register for the Service by calling us at 1-877-820-2290, registering online, or pressing the "i-Button" in your vehicle. Until you register with us for the Service, including but not limited to, certain emergency services, remote lock and stolen vehicle recovery, will not be available in your vehicle. You will be asked to provide identification information as part of the registration process and may be required to provide a Method of Payment.
5. Service Costs, Taxes and Other Charges, Payment Provisions
a) Introductory Period
The introductory period for your Service Plan, if any, starts on the date that you purchased or leased your Vehicle and continues for the time specified in your Service Plan. There may be no initial or additional charge to you for the Service if an introductory period for a Service Plan is included with the purchase or lease of your Vehicle (“introductory period”). You can learn about the features included in your Service Plan, additional features that may be available to you, and the prices for Service Plans and additional features (the "Service Rates") on the VW Car-Net Security & Service Website or by calling us at 1-877-820-2290. This information may also be available in a brochure that may be available from your Volkswagen dealer. Call us at 1-877-820-2290 or press the "i-Button" if you wish to activate or terminate any introductory period included with the purchase or lease of your vehicle. The duration of any introductory period may change from time to time.
b) Service Plan Renewal
After any introductory period ends, the Service will be discontinued unless you create a paid subscription using a Method of Payment acceptable to us, and provide us with appropriate authorization to charge the Method of Payment for an initial term of paid service (“Initial Term”).
After the Initial Term of your Service Plan, your Service Plan will automatically renew for the same amount of time as its Initial Term (unless you are enrolled in a variable term), and the Method of Payment we have on file for you will be charged, unless you or we cancel or terminate your Service in accordance with the terms herein. By continuing to use the Service, you affirmatively consent to such automatic renewal and payment.
Unless otherwise permitted (or required) by law, rule or regulation, we will provide you with thirty (30) days’ notice prior to any automatic renewal of your Service Plan to permit you to terminate your Service Plan and not renew. To the extent a different period is required by law, rule or regulation, we will provide you with notice within such period.
c) Excessive Usage Charges and Other Charges
Our ability to provide the Service and maintain its quality may be impaired if customers repeatedly, by way of example and not limitation, place illegitimate emergency, roadside assistance, or remote vehicle door unlock calls, or place or initiate an abnormally high volume of calls, send or receive unusually high numbers of messages, or repeatedly place calls of unusually high frequency or long duration (“Inappropriate Use”). Such Inappropriate Use indicates to us that the Service is being used in violation of these Terms of Service. If we identify that your account is engaged in Inappropriate Use, we will contact you to confirm that you intended to engage in the Inappropriate Use, and that such Inappropriate Use is not resulting from fraud or other problems that are not a result of your conduct. We reserve the right to, in our sole discretion, charge you additional usage charges for such Inappropriate Use, or terminate your account. You hereby agree and consent that we may terminate your account if you intentionally engage in Inappropriate Use, and that you maintain sole and full responsibility and liability for any charges incurred against your account as a result of intentional Inappropriate Use, which will be included in your invoices at our then-current rates and payable by you in accordance herewith.
In addition, if you use certain high data usage Services primarily outside of the network footprint of our wireless Service Partners, and as a result those Services are provided to you primarily through the roaming arrangements of our wireless Service Partners, we reserve the right to notify you and cancel your future use of such high data usage Services.
You are responsible for paying directly to all third parties, including but not limited to emergency service providers, all charges for services furnished by them to you (such as ambulance fees) that are not expressly covered by your Service Plan.
d) Taxes and Surcharges
Service Rates do not include certain taxes and surcharges that may apply to your Service. To the extent applicable, as determined by us in our sole discretion, in addition to Service Rates, we may charge state and local sales taxes, surcharges for federal and state Universal Service Fund contributions, and state and local 911 or other emergency service fees. Charges may also include a cost recovery surcharge for collection of delinquent accounts. You agree to pay any such amounts. Surcharges are typically assessed to help defray our costs (or the costs of our wireless Service Partners) incurred in complying with federal and state telecommunications regulations. Surcharges are not taxes or fees that the government requires from consumers. In addition to all applicable Service Rates, you agree to pay all taxes and surcharges charged to you by us. The applicable taxes and surcharges will be added to your bill.
e) Payment Methods and Your Payment Responsibilities
You are responsible for paying all amounts due on time and in full. All charges (including but not limited to all Service Rates, taxes and surcharges) shall be paid in advance of the term to which they apply (other than Inappropriate Use Charges, which will be billed when incurred) and are non-refundable (except as otherwise provided in these Terms of Service).
Absent a termination of your Service, if you have a valid and current Method of Payment on file with us, we will re-enroll you and automatically charge you in advance for the next full or monthly term of Service at the end of your then-current term of Service.
If your Method of Payment has changed at the time your then-current term ends, you must arrange for payment to us or else we may discontinue the Service. We reserve the right to terminate or suspend the Service (in whole or in part) if your credit, charge or debit card provider refuses a charge from us or if your Method of Payment has otherwise expired. Notwithstanding such termination, you are still responsible for any charges due at the time of such suspension or termination.
YOU HEREBY EXPRESSLY CONSENT AND AUTHORIZE US TO CHARGE YOUR SERVICE RATES FOR ALL SERVICES, PLUS APPLICABLE TAXES AND ANY OTHER CHARGES YOU HAVE INCURRED, ON A MONTHLY OR ANNUAL BASIS TO THE METHOD OF PAYMENT YOU HAVE PROVIDED, UNLESS YOU OR WE CANCEL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
f) Disputed Charges
If you think that there has been an error in any charge billed by or through us, you must notify us within sixty (60) days, or such longer period as required by law, after the charge is posted to your account to request an adjustment. If you do not contact us about the disputed charge within this time period, you hereby agree that you have waived your right to dispute the charge and must pay all amounts due in full.
6. Termination, Suspension, Reactivation, Change and Transfer of Service
a) Our Rights to Suspend or Terminate the Service
We can decide to either issue a warning or suspend or terminate the Service at any time for any reason in our discretion, including for network or system maintenance, improvement, congestion, or failure or if we suspect your Service (in whole or in part) is being used for any unauthorized or inappropriate purpose, including but not limited to Inappropriate Use, as a result of your breach of these Terms of Service, or for reasons unrelated to you or your account with us. If suspension or termination of the Service occurs for any reason, you acknowledge and agree that you may not be able to access the Service, including the emergency services. In addition, if we are advised by your financing company or any Volkswagen Company that you no longer own or lease your vehicle, we may terminate your Service.
If we elect to terminate your Service (in whole or in part) as a result of your breach of these Terms of Service or unauthorized use of the Service or Equipment, you will not be entitled to any refunds or credits. If we terminate your Service for convenience, you will be entitled to a pro-rated refund for the unused portion of a monthly, annual or multi-year subscription.
b) Your Right to Cancel the Service/Credits
You may cancel the Service at any time by contacting one of our customer service representatives at 1-877-820-2290 and notifying us that you want to cancel the Service. Unless your Service Plan specifies otherwise, you will not be entitled to a refund of any amounts that you have paid in advance. In no event will you be entitled to a refund (i) for any payment that was included in the purchase or lease price of your Vehicle, or (ii) for any one-time activation fees or transaction-based fees, if any, you may have incurred. Such fees are non-refundable.
We may in our sole discretion give a credit (the amount of which is determined by us in our sole discretion) for continuous Service interruption of more than 24 hours on a case-by-case basis, if such interruption was reasonably within our control, as determined by us in our sole discretion, and if you notify us within seven (7) days of the continuous interruption. Any such credit shall constitute your sole and exclusive remedy for such failures, and you waive and release us and our Service Partners from any further liability to you in connection therewith.
c) Reactivation of Service
You do not have any right to have your Service reactivated, even if you cure any of the issues that resulted in the termination or suspension of your Service. It is solely our decision as to whether to allow you to have Service again. If we do decide to reactivate your Service, we have the right to charge you a reactivation fee, and any past due amounts must be paid before the Service is reactivated.
d) Transfer of Service, Sale of Vehicle, Termination of Lease
You cannot transfer the Service to another person or to another Vehicle without our prior consent.
We may communicate with you about the Service by providing you with messages sent through the Equipment in your Vehicle. If you fail to notify us of a sale or transfer of your Vehicle or termination of your lease, we may continue to send messages about you, your Vehicle, your account, or your Service to the Equipment in your Vehicle. We are not responsible for any privacy related damages you may suffer as a result of such a failure to notify us of a sale or transfer of your Vehicle. In the event that you turn in your Vehicle to a Volkswagen Company, it is your sole responsibility to cancel the Service in the Vehicle you turn in.
7. Authority to Use, Terminate, Change or Transfer Your Service/Service Plan
We will only accept requests from you (or from someone we believe is you, or someone with your authorization, such as your authorized agent) to use, activate, cancel, change, reactivate, or transfer the Service. You agree that we can assume that anyone who provides your Personal Information Number (which is assigned to you upon the initiation of your Service Plan) or other authentication information or supplies your Method of Payment is authorized to act on your behalf, and that we shall have no responsibility or liability for anything that may arise from our providing any services to, or acting upon instructions from any such individual, even if such individual is not, in fact, authorized by you to use your Personal Identification Number or account.
8. Your Responsibilities
a) Your Responsibility for Proper Operation of Your Vehicle and Proper Use of the Service
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICE IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER OCCUPANT OF YOUR VEHICLE) EXERCISE GOOD JUDGMENT AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS, WHEN OPERATING YOUR VEHICLE; USING THE EQUIPMENT AND SERVICE; AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICES (OR THE ROUTING AND DIRECTION DATA YOU RECEIVE) IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES.
b) Your Responsibility for Insuring Your Vehicle
The Service is provided to you as a convenience. The Service is not a substitute for insurance. Neither we nor our Service Partners are an insurance company. You should not consider the Service as insurance or rely on it to limit the potential for loss, theft or damage to your Vehicle or property. The payments you make for the Service bear no relation to your Vehicle's value or that of any property you may keep in it. You are solely responsible for obtaining and maintaining insurance covering personal injury, loss of property, and other risks covering yourself, those who operate your Vehicle, your passengers and anyone else claiming any damages, and release us from any such responsibility. No insurance company or insurer will be entitled to any right of subrogation against us or our Service Partners.
c) Your Responsibility for Maintaining Your Vehicle
In order for us to provide the Service, the Equipment in your Vehicle must be in good working order and your Vehicle must have a working electrical system and adequate battery power. The Service may not work if you try to modify the Equipment or if you add any equipment or software in or to your Vehicle that is not expressly authorized by us or is not compatible with the Equipment or Service. You may need to adjust your use of other Vehicle features, such as adjusting the volume of your radio, to hear the audio portions of the Service. You are solely responsible for the proper maintenance of your Vehicle and its systems (including the Equipment) and for keeping it in good working order and in compliance with these Terms of Service and all applicable laws. You can always press the "i-Button" in your Vehicle to confirm that the Service is active. If the button is not lit when the Vehicle is on, this means that your system may not be functioning properly or may be inactive, and should be checked by a dealer.
d) No Illegal, Fraudulent or Abusive Use of the Service
You agree that you will not use the Equipment, the Service, or the VW Car-Net Security & Service Website, in any way that is illegal, fraudulent, or abusive, including to harass, threaten, abuse, defame, or slander, any individual or entity.
You agree that you will use our emergency and roadside service only for actual emergencies and legitimate roadside assistance and remote vehicle door unlock needs. The remote door unlock is not intended as a substitute for you bringing your key with you.
You may not use the Service in a manner that interferes with any other customers’ use of our Service or our provision of our Service to our other customers. You agree you will not abuse or do anything to damage our or any of our Service Partners' respective business, operations, services, reputation, employees, equipment, property or facilities. You further agree that you will not harass, threaten or use vulgar and/or inappropriate language towards any customer service representatives. You acknowledge that we have the right to terminate your Service if you exhibit such inappropriate behavior.
e) No Commercial Use or Resale of the Service
The Service, including the messages, data, information, content, and/or other material provided as part of the Service, are provided only for your non-commercial use, and not for re-sale. Certain information you receive through the Service belongs to us or our Service Partners (or other third parties) and may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You may not (and may not permit or cause any other party to) sell or resell or otherwise use the Service of any information provided through the Service for commercial purposes, nor may you reproduce, copy, modify, make derivative works from or otherwise display or distribute information provided through the Service.
f) No Rights to Telephone Numbers or Other Addresses
You have no property right in any number address or other communication identifier that may be assigned to you or to the Equipment in connection with the Service. Any such number, address or identifier may be changed from time to time.
g) Your Responsibility for Others Who Use Your Vehicle
You are solely responsible for those who use the Service in your Vehicle or use your Personal Identification Number or other authentication information, even if you later claim the use was not authorized, and you will be responsible and promptly pay for any charges arising from such use, and any damages to or expenses incurred by us or any of our Service Partners as a result of such use. Neither we nor any Service Partner has any obligation to inquire about the authority of anyone using your Vehicle or Personal Identification Number or other information that can be used to authenticate your account to request, modify, or use the Service for your Vehicle. You are responsible for the security of your Personal Identification Number and any passwords you use to access the Service. You acknowledge that we will make any changes to your account or charge you for any amounts authorized by a person who provides your Personal Identification Number or other authentication information that can be used to access your account.
h) Contact Information
It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times. (i.e., email address, mailing address, mobile phone number). Any notice we send you will be sent to your last known residence or electronic mail address as shown on our records. Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address we have on file for you. Any oral notices will be considered given when we call you or when you call us toll-free at 1-877-820-2290, or you speak with a live customer service representative.
9. Use of Certain Service Features
a) Locating Your Vehicle if It Is Lost or Stolen
If your Vehicle is stolen or may be involved in an unlawful act, we and/or our Service Partners can try to help law enforcement agencies locate it, to the extent we are able to determine its location, after you provide us with satisfactory identification and we have confirmed that the police consider the Vehicle stolen or potentially involved in an unlawful act (i.e., you have filed a police report). We generally only provide location information about stolen vehicles directly to law enforcement. However, in cases of crises or emergencies, we may, in our sole discretion, provide you with information about the general area of your Vehicle without law enforcement involvement. If you do not provide us with the information that we request, we may refuse to help locate your Vehicle.
Neither we nor our Service Partners have any obligation to continue our attempts to locate your Vehicle after thirty (30) days from the time it is first reported stolen or lost to us, and we can't guarantee that we will be able to find it. We do not have any obligation to try to find your Vehicle outside of a Vehicle theft situation, such as trying to locate an individual for you). If your Service Plan provides you with the ability to locate your Vehicle, such as by using a mobile application, you should never use this feature to try to locate a stolen vehicle. Such efforts are for appropriate law enforcement agencies.
To enable you to continue to receive the benefits of the Service in the event your Vehicle is recovered, we do not terminate the Service when you report that your Vehicle is stolen, and we will not terminate the Service unless and until we get express instructions from you. Upon our receipt of such an instruction, the Service will be terminated and you will be issued a refund equal to the value of any whole months remaining on your Service Plan that you have paid in advance (not including any payment that was included in the purchase or lease price of your Vehicle).
b) If You Are Locked Out of Your Vehicle
We may be able to unlock your Vehicle doors remotely in the event you are locked out of your Vehicle. You will need to call us and provide satisfactory identification before we will attempt to do so. We may provide assistance to anyone who provides us with your Personal Identification Number or other satisfactory authentication of your account. If we are unable to unlock your doors remotely, you can request that we contact roadside assistance to help you. If your Vehicle or Service Plan does not otherwise include roadside assistance, you will be responsible for the full cost of such services.
c) If You Need Emergency Assistance
We will use reasonable efforts to contact appropriate emergency personnel, such as police, fire department or emergency responders, for assistance when you request it or when the Equipment in your Vehicle signals for it, but we cannot guarantee that any such Service Partners will respond in a timely manner or at all. We will assume an emergency exists if we receive a crash notification signal from your Vehicle, such as a signal that your air bags have deployed. If applicable laws require an emergency to be confirmed before emergency personnel provide service, we will not contact emergency personnel in these areas until we hear your request for assistance or otherwise confirm that an emergency exists.
YOU EXPRESSLY RELEASE US AND OUR SERVICE PARTNERS FROM ALL LIABILITIES AND LOSSES (INCLUDING PHYSICAL INJURY AND DEATH) THAT YOU OR OTHERS MAY SUFFER IN AN EMERGENCY SITUATION.
10. How the Service Works, Our Service Partners, Restrictions and Limitations
a) Our Service Partners
We work with many different companies, individuals and government entities to provide you with the Service. These Service Partners include, for example and without limitation, telecommunications providers, wireless service providers, public safety operators, emergency personnel, towing companies, vehicle distributors and vehicle dealers, equipment and software manufacturers, licensors, content providers, and any parties who provide any service, equipment, content, feature or facilities in connection with the Service. These parties are collectively referred to in these Terms of Service as our "Service Partners." In some cases, one or more of the Volkswagen Companies may be a Service Partner. In the event any of our Service Partners impose additional terms and conditions on the services they provide, by accessing such services you agree to comply with any additional terms and conditions imposed by them, which will be available on the VW Car-Net Security & Service Website.
NEITHER DECARTA, TOMTOM, NOR THEIR SUPPLIERS SHALL BE LIABLE TO THE UNDERSIGNED FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DECARTA AND TOMTOM SHALL HAVE NO MONETARY LIABILITY TO THE UNDERSIGNED FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT. THE LICENSED PRODUCTS ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS BASIS" AND DECARTA, TOMTOM, AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY DECARTA, TOMTOM, OR ANY OF THEIR AGENTS, EMPLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND CUSTOMER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT.
End User shall not use the Customer Application to create (or assist in the creation of) a digital map database. A "digital map database" means a database of geospatial data containing the following information and attributes: (x) road geometry and street names; or (y) routing attributes that enable turn-by-turn navigation on such road geometry; or (z) latitude and longitude of individual addresses and house number ranges.
End User shall not use the Customer Application to provide competitive information about TomTom or its products to third parties.
The Customer Application may not be used for in-flight navigation.
U.S. GOVERNMENT RIGHTS. If End User is an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation, is restricted in accordance with the LIMITED or RESTRICTED rights as described in any applicable DFARS or FAR. In case of conflict between any of the FAR and/or DFARS that may apply to the Licensed Product, the construction that provides greater limitations on the Government's rights shall control. Contractor/manufacturer is TomTom North America, Inc., 11 Lafayette Street, Lebanon, NH 03766-1445. Phone: 603.643. 0330. The Licensed Products are © 2006-201_ by TomTom. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Licensed Products are a trade secret and a proprietary commercial product and not subject to disclosure.
If End User is an agency, department, or other entity of any State government, the United States Government or any other public entity or funded in whole or in part by the United States Government, then End User hereby agrees to protect the Licensed Products from public disclosure and to consider the Licensed Products exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public access and/or reproduction or use of the Licensed Products. In the event that such exemption is challenged under any such laws, this EULA shall be considered breached and any and all right to retain any copies or to use of the Licensed Products shall be terminated and considered immediately null and void. Any copies of the Licensed Products held by Customer shall immediately be destroyed. If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, this EULA shall be considered terminated and null and void, in its entirety, and any and all copies of the Licensed Products shall immediately be destroyed.
It is expressly prohibited to use the Premium Points of Interest North America for (a) telephone call routing related applications; (b) screen pop applications, (c) CD-ROM director of other derivative directory product; (d) verification services; (e) caller name services; and (f) online marketing lead verification services.
End User agrees that the use of the Brand Icon component is subject to the terms and conditions set forth in this Agreement and that there may be additional third party terms, conditions and restrictions to which the use of the Brand Icon component will be subject and which will be provided to the End User from time to time in the product release notes.
Service Partners may include Google, Inc.'s map services, use of which is subject to the Google Maps Terms of Service available at:
b) How the Service Works, Coverage Area
The Service generally works using wireless communication networks from our wireless Service Partners and the Global Positioning System ("GPS") satellite network. The Equipment in your Vehicle receives GPS signals and communicates with our response centers through the use of wireless and landline communications networks. The location of your Vehicle, particularly in remote or enclosed areas, may affect the availability and quality of the Service. Some or all of the Service may not be available in all areas and may only be available if your Vehicle is in a geographic area covered by the service network footprint (and within operating range) of one of our wireless Service Partners and is able to receive GPS signals. Service is currently only available in the continental United States (including the District of Columbia), and Alaska, Hawaii and Puerto Rico with some roaming abilities for certain services also available in Canada.
We use software in connection with the Service. We (or our Service Partners) own or have rights to all such software and you do not acquire any rights in such software other than the right to use such software as reasonably necessary for you to use the Service as permitted in your Service Plan and these Terms of Service. We may update or modify the software contained in your Vehicle's systems or the Equipment from time to time, and we may do this remotely without notifying you or seeking your consent. Your Vehicle's systems and the Equipment also may contain or utilize software that a Volkswagen Company and/or our Service Partners may need to update or change from time to time. You agree that we may assist them to make such updates or changes that they request remotely without advance notice or your consent. These software updates and modifications may affect or erase data that you have previously stored on the Equipment in your Vehicle (such as specific route or destination information). We are not responsible for any lost or erased (or otherwise affected) data and you are solely responsible for the data that you may have downloaded, uploaded, transmitted or otherwise stored from, to, on or through the Equipment or Service.
d) Voice Recognition
Voice recognition software, which may be able to recognize different voices, accents, speech patterns and words, may be used in connection with the Service. We do not represent or guarantee that such software will recognize or work with your or others’ voices, accents or speech patterns, or recognize some or all words, some or all of the time.
e) Events Beyond Our Control
Various conditions beyond our control may prevent or delay us from providing Service to you, or affect the quality of the Service. Some examples are atmospheric, geographic, or topographic conditions (such as tall buildings, hills or tunnels), damage to or failure to maintain your Vehicle or the Equipment in good working order, government laws, rules or regulations, failure, congestion or outages of utility or wireless networks (including interruption of cellular service), war, acts of God, natural disasters, inclement weather, and labor strikes. In the event of any of the foregoing, we may, in our discretion, suspend or terminate the Service (in whole or in part) or terminate your Service Plan, without notice to you and without any liability, except for refunding any prepaid amounts paid on account of a termination under such circumstances. We are not responsible for delay or failure in providing Service due to conditions beyond our control and you are not entitled to credit or refund as a result of any such delay or failure.
In the event of any regulatory, governmental or other legally-compelled changes, or discontinuation or change of necessary telecommunications systems and services (e.g., if our wireless carrier terminates or restricts wireless services of the type used by your Vehicle's Equipment), you are solely responsible for replacing, as well as the cost of replacing, any Equipment that is necessitated as a result of such change or discontinuation, except that if such change occurs during your Vehicle's base warranty period, while you will still be responsible for the cost of such replacement, we will be responsible for obtaining and providing you with the necessary replacement materials (if applicable).
11. Collection and Use of Your Vehicle and Subscriber Data
We collect information about you. This information includes the following: contact information; billing information; information you voluntarily provide to us or our Service Partners; information about your use of your Vehicle and your use of VW Car-Net Security & Service features; information about your interactions with us, our affiliates, or our Service Partners; and information about your mobile device when you use our app.
We collect information about your vehicle. This information includes the following: make, model, and year of your vehicle; vehicle identification number (VIN); purchase or lease date; dealer from which you purchased or leased the vehicle; information about the state of your vehicle (e.g., airbag deployment, vehicle diagnostics); and the location, heading, or speed of your vehicle. We may automatically collect such information from your vehicle. We collect this information to provide VW Car-Net Security & Service features, to comply with legal obligations, or to use or share in an anonymized or aggregate manner for purposes including research, analysis, product or service improvement, and aggregated information services such as traffic reporting. You may terminate this data collection at any time by calling us at 1-877-820-2290 to cancel services. If you terminate such data collection, you will not be able to receive any other VW Car-Net Security & Service features.
We collect information about you and the Vehicle from sources including the following: directly from you or your use of the VW Car-Net Security & Service features, the VW Car-Net Security & Service Website and the mobile application; from your dealer; from the Vehicle's distributor or manufacturer; from our Service Partners and affiliates; and from publicly or commercially available sources.
How Do We Use the Information We Collect? We use the information for various purposes, including the following: to provide VW Car-Net Security & Service features to you and the occupants of your vehicle; to customize VW Car-Net Security & Service features for your use; to analyze and troubleshoot VW Car-Net Security & Service features and usage; to improve our product offerings; for research, safety, and prevention of fraud and misuse; to communicate with you; to provide you with information about products or services offered by our Service Partners or other third parties; and for our business purposes and to maintain internal records.
How Do We Share the Information We Collect? We share information with each other, with our affiliates and with our Service Partners for our and their business purposes; with our Service Partners for activities performed on our behalf; with business partners to provide you with joint marketing offers; with your dealer to assist it in servicing your vehicle or for other business purposes; as required or permitted by law; when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the VW Car-Net Security & Service features or anyone else that could be harmed; and in the event of a sale or acquisition of our companies. We may share aggregated or anonymized data with third parties.
We will not otherwise sell or share information that identifies you or the Vehicle for the independent use of third parties without your consent.
The VW Car-Net Security & Service features transmit voice and data between the response center and your Vehicle over wireless and cellular telephone networks. We cannot guarantee the privacy and security of conversations or data transmitted to and from the Vehicle. You agree that we are not liable for any damages arising from a loss of privacy that occurs during communications over these networks.
You consent to us or any Volkswagen Company requesting and obtaining your current personal information (as defined by 18 U.S.C. § 2725) from any state department of motor vehicles or any reseller of such information. Your consent is pursuant to 18 U.S.C. § 2721(b)(13).
12. Disclaimer of Warranties
NEITHER WE NOR OUR SERVICE PARTNERS WARRANT OR GUARANTEE THAT SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR AT OR TO ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICE WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY OR ERROR. NEITHER WE NOR ANY OF OUR SERVICE PARTNERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED ABOUT (1) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICE, (2) THE SERVICE, (3) NONINFRINGEMENT, OR (4) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES.
The only warranties applicable to the Equipment in your Vehicle are those extended as part of your purchase or lease of your Vehicle. Such warranty does not cover the Service, in whole or in part. This warranty is not from us or binding on us and you must contact the Vehicle maker or dealer directly for any questions on such a warranty.
13. Limitation of Liability
BY ENTERING INTO THESE TERMS OF SERVICE OR BY USING THE EQUIPMENT OR SERVICE, YOU ARE WAIVING IMPORTANT RIGHTS, AND YOU ARE PROVIDING YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US, VOLKSWAGEN COMPANIES AND OUR SERVICE PARTNERS (AS DESCRIBED HEREIN).
Neither we, nor any Volkswagen Company nor our Service Partners assume any risk or responsibility for your use of the Service, or any of the information or other content provided as part of the Service. You acknowledge and agree that neither we, any Volkswagen Company, nor any of our Service Partners are liable for dropped calls or interrupted service, or for problems caused by or contributed to by you, by any third party, by buildings, hills, tunnels, network congestion, atmospheric conditions, acts of God or natural disaster or by any other conditions or circumstances out of our control (as further described above in Section 12(e) of these Terms of Service).
In addition, neither we, any Volkswagen Company nor our Service Partners are liable (1) for our inability to contact any Service Partner or other party in any particular situation (including any emergency personnel), (2) for any act or omission of any other company furnishing a part of our Service or any equipment provided for such Service, (3) for errors or omissions of any vendors, dealers or manufacturers participating in offers made through us, or (4) for any damages that result from or arise out of the use, installation, repair or maintenance by you (or by any person you authorize) of the Equipment or Service, or any product or service provided by or manufactured by third parties.
IF WE, ANY VOLKSWAGEN COMPANY AND/OR ANY OF OUR SERVICE PARTNERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY VOLKSWAGEN COMPANY AND OUR SERVICE PARTNERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED UNDER THESE TERMS OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE SERVICE RATES CHARGED TO YOU FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY VOLKSWAGEN COMPANY, NOR ANY SERVICE PARTNER WOULD HAVE AGREED TO PROVIDE THE SERVICE OR EQUIPMENT TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY VOLKSWAGEN COMPANY AND OUR SERVICE PARTNERS TO YOU.
IN NO EVENT SHALL WE, ANY VOLKSWAGEN COMPANY OR OUR SERVICE PARTNERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (A) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER WE, ANY VOLKSWAGEN COMPANY OR OUR SERVICE PARTNERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (B) ATTORNEY'S FEES. YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.
You understand and agree that the Volkswagen Companies and our other Service Partners, including without limitation the wireless carriers, shall have no legal, equitable, or other liability of any kind to you in any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise relating to or arising from the Service and you waive any and all such claims or demands. If any Volkswagen Company or any of our other Service Partners is involved in any problem, you also agree to any limitations of liability that such entity imposes on its customers.
14. Indemnification; Release
You agree to indemnify and hold harmless VCI, each Volkswagen Company and each of our Service Partners, and each of our or their respective affiliates, officers, directors, agents, partners and employees, from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys' fees on account thereof) (collectively "Claims") irrespective of the nature of the cause of such Claims, alleging loss, costs, expenses, damages or injuries (including without limitation Claims for libel, slander, or any property damage, personal injury or death), arising in any way, directly or indirectly, in connection with your (or any occupant of your Vehicle) violation of these Terms of Service or your (or any occupant of your Vehicle) misuse, Inappropriate Use, or failure to use the Service or Equipment.
You agree that the limitations of liability and indemnities in these Terms of Service will survive even after your Service Plan has ended and your Service has terminated. These limitations of liability apply not only to you, but to anyone using your Vehicle, the Equipment or the Service, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to any Service we or our Service Partners provide or the Equipment.
WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE TO RELEASE US, EACH VOLKSWAGEN COMPANY AND EACH SERVICE PARTNER FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICE AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICE, EVEN IF CAUSED BY THE NEGLIGENCE OF US, ANY VOLKSWAGEN COMPANY OR ANY OTHER SERVICE PARTNER, OR THE MALFUNCTION OF THE EQUIPMENT. YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.
15. Dispute Resolution
YOU AND WE AGREE THAT IN THE EVENT OF ANY DISPUTES BETWEEN US, WE WILL FIRST TRY TO RESOLVE IT BY TALKING WITH EACH OTHER. IF WE ARE UNSUCCESSFUL IN RESOLVING OUR DISPUTES IN THIS MANNER WITHIN A REASONABLE TIME PERIOD, YOU AND VCI EACH AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:
(1) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR TO ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, WILL BE SETTLED BY INDEPENDENT ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER WIRELESS INDUSTRY ARBITRATION ("WIA") RULES, AS MODIFIED BY THESE TERMS OF SERVICE. WIA RULES AND FEE INFORMATION ARE AVAILABLE FROM US OR THE AAA. ARBITRATION IS NOT A COURT PROCEEDING. THE RULES OF ARBITARATION DIFFER FROM THE RULES OF COURT. THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING;
(2) EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST VCI, A VOLKSWAGEN COMPANY OR ANY OF OUR SERVICE PARTNERS, OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, LICENSORS, EMPLOYEES OR PREDECESSORS IN INTEREST. IF MULTIPLE CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED. IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION MUST BE SEVERED. HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION;
(3) NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS OF SERVICE PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT WOULD PERMIT. IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT. IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW PANEL CONSISTING OF THREE (3) ARBITRATORS; AND
(4) IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND VCI EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES.
16. Contact Information
You may notify us by postal mail (Verizon Connect Inc., 2002 Summit Boulevard, Suite 1800, Atlanta, Georgia 30319), phone 1-877-820-2290, by pressing the "i-Button" in your Vehicle and talking to a customer service representative, or by electronic means (via the VW Car-Net Security & Service Website). Such notices will be considered effective after we receive them. In particular, any written notice from you will be considered given when we receive it at our address provided in the preceding sentence.
Any notice we send you will be sent to your last known residence or electronic mail address as shown on our records. It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times. Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address we have on file for you. Any oral notices will be considered given when we call you or when you call us toll-free at 1-877-820-2290, or you speak with a live customer service representative.
Calls with our customer service representatives, emergency personnel, or the police may be monitored or recorded for quality assurance, issue resolution, maintaining service, training, or promoting or providing services. Our and our Service Partners' customer service representatives may remain on the line while conferencing in a third party to assist in completing a service request. You (for yourself and your Vehicle's occupants and anyone else acting or using the Service on your behalf): (1) expressly consent to the monitoring and recording activities described herein, and (2) release us and our Service Partners from claims, liabilities and losses resulting in connection with any such monitored and/or recorded communications.
17. Miscellaneous Terms
a) The Laws Governing Our Relationship
These Terms of Service and any disputes arising out of or relating to it or the Equipment or Service will be governed by the laws of the State of New York, wherever filed. Any complaint, arbitration or other legal action concerning these Terms of Service shall be interpreted under the laws of the State of New York and shall be subject to the jurisdiction of the courts of the State of New York. Complaints, arbitration or other legal actions involving California customers will be interpreted under the laws of the State of California, and will be subject to the jurisdiction of the courts of the California county in which the customer primarily uses the Service.
b) Entire Agreement
These Terms of Service (including the Service Plan, the Privacy and any other document or policy incorporated by this Agreement) is the entire agreement between you and us. It supersedes all other agreements, communications or representations, oral or written, between us, past or present. We are not responsible for any statements, agreements, representations, warranties or covenants, oral or written, including, without limitation, any statements from third parties, concerning or relating to the Equipment or the Service provided to you pursuant to these Terms of Service or your Service Plan, unless such statements, agreements, representations warranties or covenants are expressly contained in these Terms of Service or your Service Plan.
c) Effect of Termination or Non-Renewal of Terms of Service & Service Plan.
Even after your Service Plan has ended and unless it has been replaced by a new agreement expressly entered into by and between us, the provisions of these Terms of Service will continue to govern any disputes arising out of or relating to it. These Terms of Service will also be binding on your heirs and successors and on our successors. In addition to any other provisions identified herein as surviving termination or expiration of your Service Plan, the following provisions of these Terms of Service shall survive the termination or expiration of your Service Plan: Sections 4, 5, 6, 7, 8, 9 and 11 through 17.
d) Waiver; Severability.
No waiver of any part of these Terms of Service, or of any breach of it, in any one instance will require us to waive any other instance or breach. If any part of these Terms of Service is declared invalid or unenforceable, all other parts of these Terms of Service are still valid and enforceable.
e) Relationship Between Parties.
Notwithstanding anything else herein, these Terms of Service do not create any fiduciary relationships between you and us, or between you and any Volkswagen Company or any of our other Service Partners. These Terms of Service also do not create any relationship of principal and agent, partnership, or employer and employee between you and us or between you and any Volkswagen Company or any of our Service Partners.
f) Third-Party Beneficiaries.
Without limitation of anything else set forth herein, you have no contractual relationship whatsoever with any of our Service Partners, and these Terms of Service do not give you any rights against any Volkswagen Company or any Service Partner. You are not a third party beneficiary of any agreement between us and any of our Service Partners. None of our Service Partners has any legal, equitable, or other liability of any kind to you under these Terms of Service. You expressly waive any and all claims or demands for such liability.
We can assign these Terms of Service, in whole or in part, to any individual or entity we choose, at any time, without notice to you, in our sole discretion.
You agree to comply with all applicable trade regulations and export control laws both domestic and foreign. The Equipment and the Service, and any underlying information accessed or transferred by you using the Service may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any such Equipment, software or information to any foreign country. Any information transferred by you using the Service or the Equipment to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.
INFORMATION WE COLLECT AND HOW WE USE IT
We collect information about you and your Volkswagen vehicle (the “Vehicle") to facilitate the provision of VW Car-Net Security & Services. Providing these services involves a commercial relationship between you and us. Your use of VW Car-Net Security & Service may involve your interaction with our Service Providers, which include entities with whom you may interact directly such as roadside assistance, emergency service, and other similar providers. We and our Service Partners require certain information from you to provide those services. For example:
- To provide VW Car-Net Security & Service, we must collect certain information when you activate your account and agree to the Terms of Service, including your contact information (e.g., your name, address, email and emergency contact), your billing and payment information and various other information. We may use this information to establish your credit or protect against fraud and misuse.
We may also monitor or record conversations you have with our customer service representatives, emergency personnel, or the police, as well as your use of any of our or their automated services, for purposes such as assessing, maintaining or improving service quality; issue resolution; training; or promoting and providing services. You understand and agree to such monitoring and recording and you are responsible for notifying any users of your vehicle that this may occur. When you contact VW Car-Net Security & Service for the provision of services, we may collect caller identification information and the date and time of call. Our and our Service Partners’ customer service representatives may remain on the line while conferencing in a third party to assist in completing a service request.
We may use information about you and your Vehicle to customize VW Car-Net Security & Service for your use, analyze and troubleshoot VW Car-Net Security & Service and usage, improve our product offerings, maintain internal records, and communicate with you about VW Car-Net Security & Service or other products or services. For information about your choices regarding communications, refer to the Section of this policy entitled YOUR CONSENT AND CHOICE REGARDING COMMUNICATIONS.
The information we may collect about your Vehicle or your mobile application includes by way of example:
- information relating to the purchase or lease of your vehicle (e.g., make, model, year and vehicle identification number (VIN));
- information concerning your Vehicle’s operation, performance and feature utilization (e.g., diagnostic trouble codes and maintenance conditions such as tire pressure and fuel economy) to enable VWoA to, among other things, provide you with VW Car-Net Security & Service, perform research, and improve our products and services;
- information about accidents involving your Vehicle (e.g., whether air bags deployed) for the purposes of notifying emergency personnel or otherwise addressing potential emergencies;
- information about your vehicle’s location, direction, or speed when you request a VW Car-Net Security & Service (e.g., to provide you with Destinations/Points of Interest; to provide automatic collision notification; to provide vehicle location services in the event your Vehicle is stolen), to comply with legal obligations, or to use or share in an anonymized or aggregate manner for purposes including research, analysis, product or service improvement, and aggregated information services such as traffic reporting; and
- information concerning the type of mobile device you use, the device’s operating system, information you provide via the device, and, when you request a VW Car-Net Security & Service, the location of the device at the time of a service request, and other information as needed to provide a VW Car-Net Security & Service.
HOW WE OBTAIN INFORMATION ABOUT YOU AND YOUR VEHICLE
We obtain information about you and the Vehicle in a number of different ways. These include, but are not limited to:
- information you or your Vehicle dealer, distributor, or manufacturer provide to us when you buy or lease your Vehicle or register for Service;
- information obtained from VW Car-Net Security & Service Equipment in the Vehicle and your use of the Service;
- information you provide when you use the Web sites or other online services of VW Car-Net Security & Service or our Service Partners or from the mobile application;
- information collected about your use of the Web sites or other online services of VW Car-Net Security & Service or our Service Partners;
- information provided by you directly, through communications between you and us (or our Service Partners);
- information obtained through publicly available or commercial sources; and
- information exchanged between us, our affiliates and our Service Partners.
In addition, we and our Service Partners and the Volkswagen Companies may intercept any wire, wireless, oral or electronic communications made or transmitted through the Service, at any time and for any reason, as permitted by law.
DISCLOSURE OF YOUR INFORMATION
To provide VW Car-Net Security & Service, we share your information with Service Partners including, for example, roadside assistance providers and emergency service providers (e.g., 9-1-1) for the purpose of delivering VW Car-Net Security & Service to you. We may also share information about you and your Vehicle with service providers, i.e., third parties that perform services on our behalf, such as call centers, mailing vendors and Web site hosting companies. We may share information about the Vehicle and you with each other and our affiliated companies to facilitate research and to improve our product and service offerings, and with each other for marketing purposes.
We may share information about activation of the services with your Volkswagen dealer in order to allow the dealer to contact you. We also share pertinent information with law enforcement or others in case the stolen vehicle location assistance service has been requested. When required, we may release information to comply with valid legal process including subpoenas, court orders or search warrants, and as otherwise authorized by law, or to enforce or apply the terms of our agreements with you or to defend ourselves or Volkswagen in a litigation. For example, we may be legally compelled to provide location data and other information to law enforcement agencies, pursuant to validly issued subpoenas or similar judicial or law enforcement procedures. We may also share your information with third parties for purposes other than as described in this policy with your consent.
We may share information with dealers and our affiliates to provide information about products and services that may be of interest to you. We may share information with Sirius XM radio in connection with their provision of satellite radio services.
We may share information with our business partners for joint marketing offers that may be of interest to you.
We also may disclose information about you and your Vehicle when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Web sites or anyone else that could be harmed by such activities.
Should we declare bankruptcy or should our assets ever be acquired by or merged into another organization, the information we have collected about you and your Vehicle will be treated as an asset and may be transferred to a third party that purchases or otherwise acquires our assets.
UPDATING OR CHANGING YOUR ACCOUNT INFORMATION
It is your obligation to correct or update the information you provide upon activation of the VW Car-Net Security & Service when that information changes. You may review, update or change your information by calling one of our customer specialists at 1-877-820-2290 or writing to the Volkswagen Car-Net Security & Service Response Center c/o Verizon Connect, Inc., P.O. Box 422628, Atlanta, GA 30342.
PROTECTION OF INFORMATION
We employ administrative, technical and physical controls to protect against the loss of, or unauthorized access to, the information under our control. Although we take your privacy very seriously and we use responsible and reasonable practices to protect the privacy of your information, we cannot guarantee that your information will always remain secure.
SECURITY ON CELLULAR AND WIRELESS NETWORKS
The VW Car-Net Security & Service transmit voice and data between the response center and your Vehicle over wireless and cellular telephone networks. Although it may be illegal for unauthorized people to intercept these transmissions, we cannot guarantee the privacy and security of conversations or data transmitted to and from the Vehicle.
We may collect your financial information such as credit and debit card numbers and bank and other financial institution account numbers in connection with transactions you enter into with us. We use your financial information to help us process these transactions. We may use third-party service providers to help us perform some of these tasks. In such instances, we will provide your financial information to these third parties for the sole purpose of performing these tasks. We may also provide your financial information to your credit card issuer, financial institutions, credit card processors or other payment processors to process transactions.
USE OF VW CAR-NET SECURITY & SERVICE WEB SITE AND MOBILE APPLICATIONS
When you browse the VW Car-Net Security & Service or VCI Web sites or use the VW Car-Net Security & Service mobile application, we collect information about you, your use of the services, and your device. For example, you may submit on our Web site your name, contact information, VIN, and the like. In addition, we collect information about your interactions with the VW Car-Net Security & Service Web site and mobile app, the VCI Web site or Web sites of our Service Partners. We may collect and use your IP address and the Web site address of your point of entry to our sites, as well as other information about your connection, including your computer’s browser and platform type and your Internet connection speed, and your mobile device type and operating system version. We may collect and use information concerning the type of mobile device you use; the device’s operating system; information you provide via the device; the location of the device at the time of a service request; and other information as necessary to provide a VW Car-Net Security & Service. We use this information to monitor statistics such as how many people visit our Web sites and use our mobile apps, which pages people visit on our sites and how much time is spent on each page, which Web domains our visitors come from, which browsers are used to visit our sites, and how people use our mobile apps.
YOUR CONSENT AND CHOICE REGARDING COMMUNICATIONS
Please note that even if you choose not to receive marketing emails from us, you may still hear from us regarding the status of VW Car-Net Security & Service and any other service issues and order status updates that will allow us to provide you with an optimal user experience.
The VW Car-Net Security & Service or VCI Web site may contain links to other sites, including, among others, those of advertisers, other third parties, and companies whose trademarks may appear on the site. We are not responsible for the information collection practices or the content of the sites to which we link or for content and information collection practices of the Web sites and online services belonging to our Service Partners.
Service Partners are third parties that work with VW and Verizon Connect, Inc. to provide services, equipment, content, features, or facilities connected with the provision of VW Car-Net Security & Service. Service Partners include, without limitation, telecommunications providers, call center operators, wireless service providers, public safety operators, emergency personnel, towing companies, vehicle distributors and dealers, equipment and software manufacturers, certain advertising companies and content providers or other third vendors acting on our behalf to provide the VW Car-Net Security & Service.
Service Partners may include Google, Inc’s map services, Parkopedia, and Spot Angels Information collected through such services is subject to the Service Providers’ respective privacy policies and is not governed by this policy. YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident you have the right to request information from us regarding the manner in which we share certain categories of your personal information with third parties for the third parties direct marketing purposes. California law provides that you have the right to submit a request at our designated address and receive the following information:
- the categories of information we disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and
- the names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.
You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make such a request by contacting us via the contact information below.
CHANGES TO THIS POLICY
For more information, call (877) 820-2290 or go to vw.com/carnet.
“Car-Net” is a registered trademark of Volkswagen Group of America, Inc. Apple, the Apple logo and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. “Android” and “Google” are trademarks or registered trademarks of Google Inc.
©2018 Volkswagen of America, Inc.